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    Home » Blog » Trump admin invokes state secrets privilege in deportation case of Kilmar Garcia

    Trump admin invokes state secrets privilege in deportation case of Kilmar Garcia

    May 7, 2025Updated:May 7, 2025 World No Comments
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    Trump administration invokes state secrets privilege in deportation case of Kilmar Abrego Garcia
    Donald Trump (center ) and Kilmar Abrego Garcia ( picture credit: AP )

    According to numerous court documents, the Trump presidency has officially invoked the state secrets privilege in a controversial legal dispute, according to CBS News. In a new purchase, US city determine Paula Xinis called on both the government and the legal team to publish legal briefs by Monday, outlining the justification for invoking the express secrets and democratic process privileges. May 16 is the day of a reading on the subject in Greenbelt, Maryland. The justice department had previously stated its intention to use attorney-client pleasure, executive pleasure, and the state strategies opportunity to protect documents, according to a report from CBS News. Before determining the accuracy of each claim, Judge Xinis has requisitioned that each one be thoroughly determined. This most recent statement comes amid a contentious breakthrough process, with Xinis previously accusing the administration of having “willfully and bad faith refused to comply” with court orders. Abrego Garcia was deported in March erroneously, despite a 2019 constitutional order preventing him from being detained due to risks from gangs in El Salvador. Based primarily on claims made by a secret agent, the Trump administration has claimed that Abrego Garcia is associated with MS-13. His attorneys assert that he has never been charged or found guilty of any crimes in any land, and that they clearly refute these statements. The management may help his return to the US and control his case as if the deportation had always taken place, the Supreme Court had decreed. The administration has reacted, arguing that El Salvador now dictates Abrego Garcia’s release and that it lacks jurisdiction. Initially, Xinis had expedited discovery, allowing the depositions of four top officials from the state and homeland security. She temporarily paused the process after sealed filings were submitted, only to have the stay lifted days later. Some of the documents the court had requested were never turned over. The administration’s use of the state secrets privilege marks the second time it has used it in deportation-related litigation in recent weeks. The privilege was also used in a separate case before US district judge James Boasberg in regards to deportations to El Salvador carried out under a muddled presidential war power, according to Politico. Judge Xinis has also agreed to hear arguments later this month on a request by news organizations to unseal the court documents that have been sealed, with a deadline for briefing set for May 27. According to a state department statement, Abrego Garcia had been transferred from El Salvador’s contentious Terrorism Confinement Center ( CECOT ) to a lower-security facility in Santa Ana as of April 21. Despite the Supreme Court’s order, the Trump administration continues to insist it is unable to facilitate his return. As the court moves closer to resolving the dispute over whether classified or privileged information can be withheld in a case involving what federal authorities themselves called an “administrative error,” Xinis made clear in her most recent order that she expects complete legal and factual justifications from the administration for her privilege claims.

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